charged from the military or naval forces of the United States on account of my alienage. I was not a conscientious objector who performed no military duty whatever or refused to wear a uniform." Form N-421 shall be filed with and made a part of the petition for naturalization at the time such petition is filed. The duplicate and triplicate executed copies of Form N-421 shall be attached to the duplicate and triplicate petitions for naturalization, respectively. (Secs. 323a, 332, 56 Stat. 1041, 54 Stat. 1154, 8 U. S. C. 723a, 732)

Part 335-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: ALIEN ENEMIES

§ 335.1 Alien enemy defined. An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war, shall be considered an alien enemy for the purposes of the naturalization laws. A native of such an enemy country who subsequent to birth has become a citizen or subject of a nation with which the United States is not at war shall nevertheless be considered as an alien enemy. (Nationality Act of 1940, sec. 326 (a), 54 Stat. 1150; 8 U. S. C. 726)

*

*§§ 335.1 to 335.6, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 8 U. S. C. 727; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

335.2 Naturalization of alien enemies; exceptions. An alien enemy as defined in section 335.1, who is otherwise entitled to naturalization except for the fact that he is an alien enemy, may be naturalized if his declaration of intention was made not less than two years nor more than seven years before the date of the beginning of the war mentioned in section 335.1, or if such alien was entitled upon such date to become a citizen of the United States without having made a declaration of intention, or if his petition for naturalization shall be pending upon such date. Such alien must conform to all of the other applicable provisions of the naturalization laws. (Nationality Act of 1940, sec. 326 (a), 54 Stat. 1150; 8 U. S. C. 726)

335.3 Final hearing of petition; notice by clerk of court; effect of objection; waiver of notice. (a) An alien enemy who comes within one or more of the classes set forth in section 335.2 and who has not been granted a waiver of the ninety days' notice as provided in paragraph (b) of this section, shall not have his petition for naturalization called for a hearing, or heard, except after ninety days' notice to the Commissioner of Immigration and Naturalization to be represented at the hearing. Such notice shall be given to the Commissioner through the appropriate District Director of Immigration and Naturalization by the clerk of the court in which the petition is filed. The Commissioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require. The objection by the Commissioner to the hearing of such a petition

*For statutory citation, see note to § 335.1.

568700°-4446

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shall be presented to the court by the appropriate District Director of Immigration and Naturalization acting for and on behalf of the Commissioner. Once an objection to such final hearing has been made within ninety days by the Commissioner through the District Director, the petition shall be continued until such objection has been withdrawn. (Nationality Act of 1940, sec. 326 (b), 54 Stat. 1150; 8 U. S. C. 726)

(b) The Commissioner may, in his discretion, waive the ninety days' notice required by paragraph (a) of this section. Such waiver may be granted at any time after the petition has been filed and either before or after the clerk's notice has been given and the ninety-day period has commenced. If a petitioner requests a waiver of the ninety days' notice or if a field officer sees fit to recommend such a waiver, the case shall be investigated in accordance with section 335.4 and submitted by the district director to the Commissioner with an appropriate recommendation. In any petition in which such notice is waived, the Commissioner shall cause the clerk of court to be notified to that effect, and one copy of the waiver will be filed with the original petition for naturalization, one copy with the duplicate petition in the Central Office, and one copy with the triplicate petition in the field office file. (Secs. 326, 703, 54 Stat. 1150, 56 Stat. 182, 8 U. S. C. 726, 1003)

335.4 Investigation. A thorough investigation shall be made in the case of every alien enemy whose petition for naturalization may be listed for final hearing. If as a result of such investigation, the district director is satisfied of the loyalty to the United States of the petitioner and that the petitioner is in every way qualified for cíizenship, no objection shall be made to the naturalization of the petitioner solely upon the ground that such petitioner is an alien enemy. If it is necessary, in order to preserve the right to have such petition continued as provided in section 335.3, to interpose objection to final hearing before completion of the investigation, such objection may be withdrawn if the result of the investigation is satisfactory in the above respects.* (Nationality Act of 1940, sec. 326 (b), 54 Stat. 1150; 8 U. S. C. 726)

335.5 Presidential exception from alien enemy classification. (a) An alien enemy who does not come within one or more of the classes described in section 335.2 and who has filed a petition for naturalization may, in the discretion of the President of the United States, upon investigation and report by the Department of Justice fully establishing the loyalty of such alien enemy, be excepted from such classification of alien enemy, whereupon he shall have the privilege of having a final hearing upon his petition for naturalization. Applications for such exception shall be made upon forms provided by the Immigration and Naturalization Service and shall be filed with the appropriate office of the Service. Thereupon the district director concerned shall cause a full and complete investigation to be made relative to the loyalty of such applicant and shall forward the application together with a report of his investigation and his recommendation to the Commissioner of Immigration and Naturalization, Washington, D. C., for further action.

*For statutory citation, see note to § 335.1.

(b) An alien enemy who has been excepted by the President of the United States from such classification shall have the privilege of having a final hearing upon his petition without being required to comply with the provisions of sections 335.3 and 335.4.* (Nationality Act of 1940, sec. 326 (b) (d), 54 Stat. 1150; 8 U. S. C. 726)

335.6 Filing of declarations of intention and petitions for naturalization by alien enemies. Nothing in this Part shall be deemed to preclude the filing of a declaration of intention or a petition for naturalization by an alien enemy. No such petition for naturalization shall be finally heard, however, except in compliance with the provisions of this part. (Nationality Act of 1940, sec. 326, 54 Stat. 1150; 8 U. S. C. 726)

*For statutory citation, see note to § 335.1.